2019 - 2020 LEGISLATURE
January 30, 2020 - Introduced by Representatives Nygren and Vos, cosponsored
by Senators Petrowski and Fitzgerald. Referred to Committee on
1An Act to repeal
84.062 (1) (k) and 84.062 (5) (a) 2. d.; to renumber
84.062 (6) 2
(f); to renumber and amend
84.062 (2); to amend
84.062 (1) (m), 84.062 (5) 3
(a) 1. a., 84.062 (5) (a) 2. h., 84.062 (5) (a) 2. i., 84.062 (5) (a) 2. k., 84.062 (5) (b) 4
and 84.062 (6) (a) 11.; and to create
84.062 (1) (f), 84.062 (1) (j), 84.062 (1) (L), 5
84.062 (1) (p), 84.062 (2) (b), 84.062 (2) (c), 84.062 (2) (d), 84.062 (3), 84.062 (4), 6
84.062 (5) (a) 2. f., 84.062 (5) (c), 84.062 (5) (d), 84.062 (6) (a) 14., 84.062 (6) (b), 7
84.062 (6) (c), 84.062 (6) (d), 84.062 (6) (e), 84.062 (7), 84.062 (8), 84.062 (11), 8
84.062 (13) and 84.062 (14) of the statutes; relating to: requirements for
9design-build transportation projects, providing an exemption from emergency
10rule procedures, and granting rule-making authority.
Analysis by the Legislative Reference Bureau
This bill makes numerous changes to the design-build method that the
Department of Transportation is currently authorized to use for projects.
Under current law, the design and construction of projects are generally two
distinct phases. Under this method, often referred to as “design-bid-build,” DOT has
broad authority to accomplish the design of a project. The construction of a project
must be executed by contract based on bids, with DOT awarding the contract to the
lowest responsible bidder.
Under current law, DOT is also authorized to use a design-build method under
which design, engineering, construction, and related services are procured through
a single contract with a single entity capable of providing the services. Current law
specifies the contents of requests for qualifications and requests for proposals
solicited by DOT for design-build projects.
Under the bill, DOT must award six contracts for design-build projects every
six years. The bill creates requirements for the evaluation of proposals and the
awarding of design-build contracts. Under the bill, DOT must develop a
design-build procurement manual. DOT must also prepare a report for the
transportation projects commission and the legislature evaluating the success of the
design-build program and the Joint Committee on Finance must make a
recommendation as to whether the program should continue.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
84.062 (1) (f) of the statutes is created to read:
(f) “Design professional” means a person registered under s. 443.03 3
or 443.04 or a firm, partnership, or corporation registered under s. 443.08.
84.062 (1) (j) of the statutes is created to read:
(j) “Member” means a private legal entity that is a member of a 6
consortium or joint venture that is a design-builder.
84.062 (1) (L) of the statutes is created to read:
(L) “Project” means a project involving a highway improvement, as 11
defined in s. 84.06 (1) (a).
(m) “Qualified responsible bidder” means a design-builder 2
responding to a request for qualifications and that is certified by the technical review
84.062 (1) (p) of the statutes is created to read:
(p) “Technical review committee” means the committee appointed 6
under sub. (3).
(a) The department shall administer a program for design-build 10
projects. The department may not designate a project as a design-build project
11unless the department is able to clearly define the scope of work
84.062 (2) (b) of the statutes is created to read:
(b) The department shall award 6 design-build contracts every 6 14
years, beginning on the effective date of this paragraph .... [LRB inserts date]. 15
During each 6-year period, the department shall award at least one low bid 16
design-build contract, one best value design-build contract, and one fixed price 17
variable scope design-build contact and 3 additional contracts that may be any 18
combination of low bid design-build, best value design-build, and fixed price 19
variable scope design-build contracts. The combined cost of the 6 design-build 20
contracts awarded under this paragraph in each 6-year period may not exceed 21
$250,000,000 and the combined cost of all low bid design-build contracts awarded 22
under this paragraph in each 6-year period may not exceed $25,000,000.
84.062 (2) (c) of the statutes is created to read:
(c) For each project designated under par. (a), the department shall 25
solicit requests for qualifications, requests for proposals, and cost proposals as
provided in this section and, subject to sub. (7) (c) and (d), let each project by contract 2
to a qualified responsible bidder.
84.062 (2) (d) of the statutes is created to read:
(d) No more than 6 months following the completion of a 5
design-build project designated under this subsection, the department shall prepare 6
a report, with input from the design-builder and the technical review committee, 7
detailing the project, the decision to designate the project as a design-build project, 8
the type of design-build contract let, and recommendations for statutory changes, 9
if any. The department shall provide this report to the transportation projects 10
commission, the joint committee on finance, and the senate and assembly standing 11
committees having jurisdiction over transportation matters. The senate and 12
assembly standing committees having jurisdiction over transportation matters shall 13
schedule a hearing on the report not more than 30 days following distribution of the 14
report by the chief clerks of the senate and the assembly. This paragraph does not 15
apply to projects awarded after December 31, 2026.
84.062 (3) of the statutes is created to read:
84.062 (3) Technical review committee.
The secretary shall appoint 5 18
individuals to a technical review committee to evaluate proposals submitted under 19
this section. The committee shall consist of the following:
1. Three employees of the department.
2. Two individuals who are not employees of the department and who are 22
chosen in compliance with a memorandum of understanding entered into by the 23
department with a state association of architectural, engineering, or design 24
companies and a state association of transportation construction companies.
(b) The secretary may not appoint to the technical review committee any person 2
associated, as defined in s. 19.42 (2), with a design-builder. No person appointed to 3
the technical review committee may review proposals under this section when the 4
proposed project could benefit the appointee or the appointee's immediate family, as 5
defined in s. 19.42 (7).
(c) A person appointed to the technical review committee is an agent of the 7
department under s. 895.46.
(d) Except as otherwise provided in this section, all records of the technical 9
review committee are open to public inspection and copying under s. 19.35 (1).
84.062 (4) of the statutes is created to read:
84.062 (4) Selection.
The department shall solicit design-build proposals in 12
2 phases. In the first phase, the department shall solicit requests for qualifications 13
under sub. (5) and requests for proposals under sub. (6). The technical review 14
committee shall certify responsible bidders as provided in sub. (5) (c) and shall score 15
technical proposals as provided in sub. (6) (b). In the 2nd phase, the department shall 16
solicit cost proposals and the technical review committee shall evaluate cost 17
proposals as provided in sub. (7).
(a) 1. a. The design and construction experience of the 21
design-builder or member, personnel, and contractors who will manage the design, 22
engineering, and construction aspects of the project. The department may not
23require a level of experience that will unreasonably restrict competition.
84.062 (5) (a) 2. f. of the statutes is created to read:
(a) 2. f. The design-builder or a member has been in business for at 3
least 12 months.
(a) 2. h. The design-builder can provide information to the technical
upon request about ownership, management, and control of the 8